Romania‘s broadcaster TVR has settled the case of the classical music sampling in “Desert de sentimente”. After Selectia Nationala semi-finalist Lion’s Roar claimed that TIRI‘s song breached the rules of Selectia Nationala because it included fragments from Ciprian Porumbescu‘s “Ballad for Violin and Orchestra”, the Analysis Committee decided that the song is original and that it should not be disqualified from next week’s final.
Earlier this week, after TIRI advanced to the Romania’s National Final with his song “Desert de sentimente”, Lion’s Roar frontman Liviu Sorescu claimed that the track breached the rules of the contest, specifically article 2.7 of Selectia Nationala‘s rule book, as it samples one minute of 19th century composer Ciprian Porumbescu’s “Ballad for violin and orchestra”.
The broadcaster’s Analysis Committee gathered and gave their verdict in favour of TIRI’s song:
1. The legal duration of Ciprian Porumbescu’s copyright has expired and “Balada” is part of the public domain. Consequently, the act of including a theme written the the great Romanian composer in “Desert de sentimente” does not affect third party rights in any way and does not affect the originality of this track which is in another style, with other instruments, being totally different from the musical work “Balada”, as it is accompanied by lyrics and has a reduced weight in the total duration of TIRI’s song.
2. Because the copyright legislation […] also protects derived works consisting of musical arrangements or any transformation that represents a creative intellectual work, we consider that the condition of originality mentioned by article 2.7 in the Rules regarding Selectia Nationala – Eurovision 2018 is observed.
This means that TIRI can go ahead preparing his show for the National Final next Sunday, knowing that he has the stamp of approval from TVR.
You can compare the two musical pieces below.
TIRI – “Desert de sentimente” (Desert Of Feelings)
Ciprian Porumbescu – “Ballad for Violin and Orchestra”
TIRI will face off against the other 14 finalists of Selectia Nationala 2018 on Sunday, 25 February, when Romania’s winner will be crowned by 100% televote.
Do you agree with the Analysis Committee? Has a dangerous precedent been created in Selectia Nationala? Regardless of the copyright legislation, should artists be allowed to sample classical music in their entries for Eurovision? Let us know in the comments!